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Wednesday, June 13, 2007

Another plea deal

Bradley Harold Mallett was sentenced on a plea agreement stemming from a 2006 assault that left a then-transient man severely injured.

Mallett, 25, of Manila, was sentenced Wednesday to a total of six years in state prison — a stipulated term per the plea agreement he accepted Tuesday: assault with force likely to produce great bodily injury with a special allegation that he did produce great bodily injury, said Humboldt County Deputy District Attorney Arnie Klein.

Mallett’s case stems a Feb. 19, 2006, incident after which Kirk M. Celis, then 48, was found severely beaten behind the Valley West shopping center in Arcata, suffering significant head trauma and injuries to his upper torso that resulted in a punctured lung...

Also dismissed as part of the plea agreement was another special allegation pertaining to the assault charge — that Mallett inflicted great bodily injury to Celis that caused Celis to become comatose due to brain injury, or to suffer paralysis.

12 comments:

So the DA's office says "“... We felt it was the best result we were going to get out of the case given the state of the evidence.”

Then why the hell did they charge attempted murder?

This really is a load of c#$%. And they even gave the farm away in the plea bargain as the guy got so little time.

Read what I found:

245(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

12022.7(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.

BUT

(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature, shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.

Looks like the guy got a sweet deal from the DA. by my count he should have gotten 8 to 9 years and not 6, but....keep that revolving door swinging Paul!

Right section - this was an assault - Bradley Harold Mallett was sentenced on a plea agreement stemming from a 2006 assault that left a then-transient man severely injured.

Mallett, 25, of Manila, was sentenced Wednesday to a total of six years in state prison — a stipulated term per the plea agreement he accepted Tuesday: assault with force likely to produce great bodily injury with a special allegation that he did produce great bodily injury, said Humboldt County Deputy District Attorney Arnie Klein.

Mallett’s case stems a Feb. 19, 2006, incident after which Kirk M. Celis, then 48, was found severely beaten behind the Valley West shopping center in Arcata, suffering significant head trauma and injuries to his upper torso that resulted in a punctured lung.

Mallett was identified as a suspect in early October and, on Oct. 18, a felony warrant was issued for his arrest, past reports indicate...

...Also dismissed as part of the plea agreement was another special allegation pertaining to the assault charge — that Mallett inflicted great bodily injury to Celis that caused Celis to become comatose due to brain injury, or to suffer paralysis.

This may be off point, but I would like to know why the California State Bar has not stepped in and charged Gallegos with misconduct in office worthy of disbarment. His power is great and he abuses it on a daily basis. Getting more bold all of the time. At least North Carolina's State Bar has it right. They are going after Mike Nifong (AS THEY SHOULD) and it won't be long before his power hungry misconduct will be disbarred! D.

The state bar might be a good choice. I would think you would have to have specifics. lots of specifics. It would probably be best to focus on one incident. I have heard that if a complaint is made the lawyer has to make a written response to the bar association.

But I'm not sure if arrogance, stupidity, incompetence, and a receeding hair line is a real violation of state bar rules.

The state bar is lawyers and lawyers tend to stick up for, and defend, other lawyers.

Not that I would EVER defend the moron called the DA, but, the only one that was at the scene of the assault, besides Mallett of course, was Kirk Celis. No way he can testify, and there is no physical evidence to tie him to it. So..

Yes, lawyers stick up for other lawyers. But what about that freak show Greg Allen. He's a lawyer. Isn't he the one calling for police review because people doing the same job can't investigate themselves? Hypocrite.

But the police are reviewed, by the DA, by the Judge, and sometimes by a jury. The police review crowd really want police "control", to keep the police from affecting something in their lives, like criminal activity, political agenda, or whatever. The police review crowd hate cops, intil they are a victim of an wrong or preceived wrong.

Paul's Out.

Paul Gallegos

The Humboldt County Grand Jury found that "Weak leadership and poor managerial practices" have undermined the office... Implicit in all evidence gathered by the Grand Jury - including interviews with the D.A. - is the unfortunate truth that the D.A. exhibits a limited understanding of how things are done in the department" Gallegos "lacks the global perspective needed to keep the department operating efficiently," and quotes an unnamed staff member as saying, "The D.A. does not fully understand the functionality of many of the things we do here" - Years later, in his own words: "I’m not an administrator, they didn’t elect me to be an administrator, they elected me to make sure this office runs..."

It’s still heresy to say it out loud, but the great secret of the Gallegos constituency is how many people in the camp are, truth be told, sick to death of the man. I have seen radical lefty Humboldt State professors roll their eyes and gag when his name comes up. I have talked to more than one person on his endorsement list who half-hates himself for allowing his name to be used. The question is: What will these people do in the privacy of the voting booth?Hank Sims

Gallegos on Measure T

6 minute VIDEO Click on the pic Anonymous: Gallegos looks and sounds like he either had been drinking or hitting off his bong. What a nut.... Anonymous: My favorite Gallegos moment in this snippet is when he says he supports Measure T for two reasons and holds up one finger to emphasize the point.

PleaDealsRUS

Letting Bad Guys Off Easy Since 2003

Douglas & Zanotti

CASE TOSSED The district attorney misrepresented the law and failed to provide evidence of former Eureka Police Chief David Douglas' and Lt. Tony Zanotti's innocence during a criminal grand jury inquiry into the 2006 shooting death of Cheri Lyn Moore, defense attorneys argued in court documents filed Thursday... ”Our judicial system stands as a real and necessary check on the grand jury indictment process,” one of the documents states. “This court has the authority and the means by which to halt this prosecution, which is justified neither by the undisputed facts, nor by the law.”

Gallegos has taken what was "arguably the state's best small DA's office, with a cutting edge CAST program that "trained the trainers"... into a bunch of time serving bureaucratic wannabee brown nosers, lightly sprinkled with a couple of earnest learners who are sure to split as soon as possible.

One weeps for Max Cardoza who won Angellel, and for Maggie Fleming who won so many impossible victories. Mired in Humboldt for personal reasons, they have to suffer the ignominy of working for Paul, with Yougo, yes, yougo who has freed more people as a prosecutor than he did as a defense attorney. As has Paul. Anonymous comment

Gallegos has answers for everything. I’ve never met anyone whose answers came so quickly, with such polish - except about his law school(s). He likely sounded the same way when promising to get prosecutors off their anachronistic “at will” status and onto civil service status. It never happened. Indeed, he told them, “Disloyalty will not be tolerated” – a real morale builder.

He sounds great. What progressive doesn’t want to believe in him? But it’s a myth. He’s an intellectual lightweight and self-aggrandizer who tries to please everybody with glib answers. Jim Fahey for The Arcata Eye

The Humboldt County DA's office is one of the most exciting prosecutorialoffices in California.

Its District Attorney, Paul Gallegos, is willing to charge anyone who commitswrongdoing--no matter how wealthy, sacrosanct, or ruthless. He believes in total equality before the law. He also plans to be innovative in promoting programs of prevention and treatment. He wants to make it the best prosecutorial office of its size in the nation.... Gallegos' Help Wanted ad

Plagiarism

1980 Murder

Gallegos' OWN Quotes

★ ...District Attorney Paul Gallegos said he believes the statute of limitations clock, even on misdemeanors, doesn't start running until law enforcement knows or reasonably should have known of the offense. In this case, Gallegos said, that means the statute of limitations would not run out at least until Feb. 8, 2009, or one year after Gundersen's arrest and the discovery of the photographs in question...

★ “I never said that the information was not available under the Freedom of Information Act. Quite the contrary, I informed you that our use of force policy is not a public record.” Paul Gallegos to the Times Standard 5/25/07

★ ...“One is that I do everything to make people happy which means I don’t stand for anything except for just something,” he said. “The other is I stand for something and I try to be a leader and take some people, a group of people, a community someplace and I say guess what folks, this is who I am. I stand for your beliefs. We share these beliefs or we don’t. You get the option to judge that. This is who I am and I am committed to leading us this place, wherever it is...." Eureka Reporter Gallegos defends record, looks ahead 7/3/2005

★ Note the difference between what he SAID, and what he DOES..."...So what are these issues? Top on Gallegos' list is the proliferation of "garbage cases," small-time crimes and overcharged cases that he said are clogging up the court system.

Garbage cases, said Gallegos, come in two forms: Cases that would lose if actually brought to trial and cases that are overcharged for the crimes committed. The idea behind filing both kinds of garbage, he said, is to get the defendant to plead guilty, netting a conviction without having to go into court.

Again, the IRONY is astounding! Look at what he SAYS, and then think about what he DOES! "Probably 95 percent of the cases that are filed plead guilty. In fact, there are a lot of cases that are filed on the assumption they will plead guilty, because of the time and expense involved in defending them. But these cases shouldn't even be filed in the first place, because if they were challenged, they would lose," Gallegos said. Better yet: If they weren't filed at all, it would save the county time and money...." North Coast Journal 2/21/02 Too bad he didn't take his own advice.

★ “Tim’s a stud,” he said. “He really is; anyone would be stoked to have him.” Gallegos on his second in command right hand man Assistant District Attorney Tim Stoen. (Former second in command right hand man to Jim Jones/People's Temple.)

NOT GUILTY!

"This is not the crime of the century. I'll concede that entirely." Humboldt County DA Paul Gallegos on the Toddler Wandering case, where he threw the full weight of the law against an innocent father. The jury took a couple of minutes to sign the papers needed to find him not guilty. Only one example of Gallegos' schizophrenic pattern of pursuing cases.

Local serial killer

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NOTE:

"Helping Crush Progressivism" - ie: exposing the predatory litigious orgs and those who seek power for power's sake.... The original purpose of watchpaul is to post important documents relating to Humboldt County District Attorney Paul Gallegos and his handlers who seek to gain power through the acquisition of political offices. This includes, but is not limited to, the manipulations of "Humboldt Watershed Council," "EPIC," "Baykeeper," and other activist groups - the unregulated orgs. It also includes the master manipulators, such as Richard Salzman and Ken Miller.

Links to key stories and documents are also included in the sidebar, so that you do not have to try to scroll back through what has become a lengthy series of posts. I encourage you to use the Search and Labels features as well.

NOTE:

The Eureka Reporter ceased publication and pulled all online archives. Links to ER stories will no longer work. Some stories have been saved on watchpaul.articles, the rest can, hopefully, be accessed at the Humboldt State University Library.